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International Journal of Constitutional Law
Article . 2012 . Peer-reviewed
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EU law and global regulatory regimes: Hollowing out procedural standards?

Authors: Mendes, J.;

EU law and global regulatory regimes: Hollowing out procedural standards?

Abstract

This article examines the effects that the reception of decisions of international organizations and bodies in EU law may have in procedural standards followed in EU law and practice, in particular participation. Illustrative examples shed light on the practical interactions between EU and global regulatory systems and their likely negative impact on procedural standards. The author argues that the current EU rules of reception of such decisions are limited in two respects. First, issues of procedural protection are decided by the system of origin, the procedural rules of which may not be as developed as those in force in the EU. Second, rules of reception do not capture the effects of the varied interconnections developed between regulatory regimes at the global and at the EU level. The possible depletion of procedural standards in the segments of EU law that result from the reception of decisions of international bodies has relevant legitimacy implications. Procedural standards that may be bypassed have become accepted standards of legitimacy of the exercise of public power within the EU. Some give effect to norms of EU law and governance now enshrined in the Treaties. To the extent that they may be weakened by effect of the reception of decisions of international organ izations and bodies, the exercise of public authority is potentially unleashed in the areas of intersection of legal systems. The article finally sketches the constitutional, procedural and theoretical paths that could lead to preserving procedural standards in the areas of intersection between EU and global regulatory regimes.

Countries
Luxembourg, Netherlands
Related Organizations
Keywords

transparency, 340, : Droit européen & international [E05] [Droit, criminologie & sciences politiques], global regulatory regimes, EU law, 300, participation, decisions of international bodies, EU procedural standards, : European & international law [E05] [Law, criminology & political science]

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    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
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    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
6
Average
Average
Average
Green
bronze